R v Warwick (No.37) [2019] NSWSC 196

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.37) [2019] NSWSC 196 Hearing dates: 14 August 2018 Date of orders: 14 August 2018 Decision date: 06 March 2019 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Allow the Crown to tender Annexure 4 and an oral description of it, of the kind contained in paragraph 16 of the statement of Detective Sheather of 15/12/2015 (Exh VD1). Reject the answer at T.1600.25 as it presently stands on the basis of the question which was asked. Material in paragraphs 34 and 35 and Annexure 13 is admissible. Material in paragraph 46 is admissible as opinion. Paragraph 52 is not admissible as expert opinion. If there is some other basis for admissibility, it can be dealt with when it is proposed to be led. The contents of paragraph 7 of the statement of Mr Sheather dated 6/1/1986, which is annexure 23 to his statement of 15/12/2015, would be admissible if led in evidence. The opinion expressed in paragraph 85 is admissible. The expert opinion contained in paragraph 97 of the statement of Mr Sheather is admissible. Paragraph 131 is not admissible as expert opinion. Catchwords: VOIR DIRE – expert evidence – whether the expert is appropriately qualified to give opinion evidence - s 79 of the Evidence Act relating to specialised knowledge – where the expert has not adopted the Expert Code of Conduct – whether a witness can refresh their memory prior to giving evidence in court – no point of principle Legislation Cited: Evidence Act 1995 Cases Cited: Australian Securities and Investments Commissioner v Vines [2003] NSWSC 1095 Chen v R [2018] NSWCCA 106 Clark v Ryan [1960] HCA 42; (1960) 103 CLR 486 Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588 Honeysett v The Queen [2014] HCA 29; (2014) 253 CLR 122 Wood v The Queen [2012] NSWCCA 21; (2012) 84 NSWLR 581 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown Leonard John Warwick (Accused) Representation: Counsel: K McKay / G Christofi (Crown) A R Conolly / E Ramsay (Accused)